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McBrayer Blogs

Showing 2 posts tagged McDonalds.

California Supreme Court and NLRB Reach Conflicting Decisions Involving Fast Food Giants

On August 28, 2014, the Supreme Court of California, in Patterson v. Domino's Pizza, LLC, held that a franchisor becomes potentially liable for the actions of a franchisee's employees only if the franchisor, "has retained or assumed a general right of control over factors such as hiring, direction, supervision, discipline, discharge, and relevant day-to-day aspects of the workplace behavior of the franchisee's employees." This is in stark contrast to the National Labor Relations Board's General Counsel decision to hold McDonald's franchisors liable for the alleged unfair labor practices of their franchisees. That action is explained in detail here. More >

The Not-So Golden Arches Decision

On July 29, the National Labor Relations Board's (NLRB) Office of the General Counsel released a statement that McDonald's, Corp. can be held liable for the employment decisions made in its franchised outlets, which tally nearly 14,000 in the United States. Since 2012, 181 cases involving McDonald's and alleged workplace violations have been filed with the NLRB. Of these 181 cases, 43 cases have been found to have merit and will now proceed with McDonald's as a joint employer unless the parties can reach a settlement. More >

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